294 F.

2d 774

UNITED STATES of America

v.
Frank VALLI, Appellant.
No. 13639.
No. 13640.

United States Court of Appeals Third Circuit.

Submitted October 3, 1961.
Decided October 10, 1961.

Appeal from the United States District Court for the Eastern District of
Pennsylvania; Francis L. Van Dusen, Judge.
Frank Valli, pro se.
Joseph S. Lord, 3d, U. S. Atty., James J. Phelan, Jr., Asst. U. S. Atty.,
Philadelphia, Pa., for appellee.
Before GOODRICH, STALEY and SMITH, Circuit Judges.
PER CURIAM.

This is an appeal from an order by the judge of the District Court for the
Eastern District of Pennsylvania in which the court denied the appellant's
motion to correct a sentence imposed on him April 1, 1958. He contends that he
is being subjected to double jeopardy because, he says, a five-year sentence
imposed upon him was for a crime which was but an aggravated form of the
crime charged in a companion case. In denying the defendant's motion the trial
judge correctly cited Harris v. United States, 1959, 359 U.S. 19, 79 S.Ct. 560, 3
L.Ed.2d 597, and United States v. Johnson, 7 Cir., 1956, 235 F.2d 159. This
disposes of the case.

The judgment of the district court will be affirmed.